Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government in its reports. It asks the Government to provide further information on the following points.

1. Article 1 of the Convention. The Committee notes the Government’s statement that the Ministry of Health, which is the competent authority for such matters, has not sent information regarding consultations held with the representatives of employers and workers in order to give effect to the provisions of the Convention. The Committee asks the Government to indicate the manner in which employers’ and workers’ representatives are consulted on the measures to be taken in order to give effect to the provisions of the Convention.

2. Article 3, paragraphs 1, 2 and 3(a) and (b), and Article 6, paragraphs 1 and 2. The Committee notes that, according to section 98 of Decree No. 745 of 23 July 1992 read in conjunction with section 12 of Decree No. 3 of 3 January 1985, for workers exposed to ionizing radiations the maximum annual value currently in force is 5 rem (= 50 mSv) for the whole body and 30 rem (= 300 mSv) for the lens of the eye. The Committee draws the Government’s attention in this connection to the fact that according to Article 3, paragraphs 1 and 2, and Article 6, paragraphs 1 and 2, of the Convention, all appropriate measures must be taken to ensure that workers are effectively protected against ionizing radiations. To this end, maximum permissible doses of ionizing radiations must be constantly reviewed in the light of "knowledge available at the time" and "current knowledge". The Committee recalls that the maximum permissible doses of radioactive substances were set in Recommendations adopted by the International Commission on Radiological Protection (ICRP) in 1990 and reproduced in 1994 in the international basic standards established under the auspices of the IAEA, the ILO, the WHO and three other international organizations. In its Recommendations, the ICRP advocates a maximum annual dose of 20 mSv for the whole body and of 15 mSv for the lens of the eye. The Committee therefore hopes that the Government will shortly be in a position to inform it of the adoption of new dose limits for workers directly assigned to work involving ionizing radiations.

3. Article 5. The Committee notes the provision of section 2 of Act No. 15.737 of 24 October 1964 restricting daily working time to six hours for workers exposed to X-rays in the course of their work and who are involved in radiotherapy (section 1 of the above Act). Furthermore, under section 1 of Act No. 15.778 of 30 October 1964, the abovementioned workers are entitled to leave of 30 working days in summer and 15 working days in winter. The Committee notes that, although these measures mean less exposure to ionizing radiations for the workers concerned, this Article of the Convention aims to restrict exposure to the lowest practicable level. In this connection, the Committee notes that only section 13 of Decree No. 3 of 3 January 1985 expressly provides for exposure to ionizing radiations to be reduced to the lowest practicable level for a specific category of workers, in this case women. Consequently, it asks the Government to indicate the measures taken or envisaged to restrict the exposure of all workers to the lowest practicable level and to avoid all unnecessary exposure.

4. Article 7, paragraph 1(a). The Committee notes that according to section 12 of Decree No. 3 of 3 January 1985 the annual maximum permissible dose of ionizing radiations where workers are involved directly in work involving ionizing radiations is 50 mSv. The Committee refers the Government to the Recommendations adopted by the ICRP in 1990 which fix an annual limit of 20 mSv for workers aged 18 and over engaged directly in radiation work, and asks it to indicate the measures taken or contemplated to align the annual maximum permissible dose with that recommended by the ICRP in 1990.

5. Article 8. The Committee notes from the information in the Government’s report that there are no specific provisions fixing maximum permissible doses of ionizing radiations for workers who are not directly engaged in radiation work. In this context, the Government points out that the maximum annual doses set in sections 12, 13, 14 and 15 of Decree No. 3 of 3 January 1995 also apply to this category of workers. The Committee recalls that Article 8 of the Convention requires specific maximum levels to be fixed for workers who are not directly engaged in radiation work but whose duties may expose them to such radiations. In this connection, the Committee draws the Government’s attention to paragraph 5.4.5 of the ILO’s code of practice and paragraph 14 of its general observation of 1992 on the Convention which fix the maximum annual dose of ionizing radiations, on the basis of the ICRP, at 1 mSv for this category of workers which is the dose set for members of the public. The Committee therefore asks the Government to indicate the measures taken or envisaged to set appropriate levels for this category of workers.

6. Article 13(a). In the context of medical examinations to be undergone by workers following an accident or emergency, the Government refers to the provisions of Act No. 16.744. The Committee notes in this connection that the relevant provisions (sections 65-71) of the Act provide only for preventive measures to be prescribed in respect of occupational hazards. They do not provide for measures to optimize the protection of workers during accidents or emergency operations, particularly as regards availability of medical examinations in the event of exposure in exceptional circumstances. The Committee asks accordingly the Government to indicate the measures taken or envisaged to ensure that the workers concerned are entitled to undergo medical examination in emergencies.

7. Article 13(b). The Committee notes that, under section 17 of Act No. 18.302 of 2 May 1984, accidents or any other abnormality in the operation of the facility or in nuclear equipment must be reported to the Chilean Nuclear Energy Commission by any person noting the abnormality, within 24 hours at most. The Committee notes that there would appear to be no specific obligation on the employer in this respect, as required by Article 13(b) of the Convention, and asks the Government to indicate the measures taken or contemplated to establish such an obligation for the employer.

8. Part V of the report form. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country including, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them, the individual protective equipment allocated to workers, such as dosimeters.

The Committee also asks the Government to provide a copy of the "code of practice on physical hazards" published by the Ministry of Health in 1982.

[The Government is asked to report in detail in 2004.]